Bill Summary – FastDemocracy

-- H 7302
     ========
     LC004359
     ========
                        STATE              OF       RHODE                ISLAND
                                          IN GENERAL ASSEMBLY
                                        JANUARY SESSION, A.D. 2022
                                              ____________
                                                 AN ACT
                           RELATING TO CRIMINAL OFFENSES -- WEAPONS
                 Introduced By: Representatives C Lima, S Lima, Vella-Wilkinson, Place, and Noret
                 Date Introduced: February 02, 2022
                 Referred To: House Judiciary
     It is enacted by the General Assembly as follows:
           SECTION 1. Sections 11-47-2, 11-47-8 and 11-47-42 of the General Laws in Chapter 11-
 47 entitled "Weapons" are hereby amended to read as follows:
           11-47-2. Definitions.
           When used in this chapter, the following words and phrases are construed as follows:
           (1) "3D printing process" means 3D printing or additive manufacturing which is a process
 of making three (3) dimensional solid objects from a computer file and shall include any of various
 processes in which material is joined or solidified under computer control to create a three (3)
 dimensional object, with material being added together including liquid molecules, or powder
 grains.
           (2) "Antique firearm" is defined as that term is defined under the provisions of 18 U.S.C.
 § 921.
           (3) "Binary trigger" means a device that replaces a standard trigger on a semi-automatic
 weapon and is designed to fire one round on the pull of the trigger and another round upon release
 of the trigger.
           (4) "Bump-fire stock" means any device that replaces a semi-automatic weapon's standard
 stock and is designed to slide back and forth rapidly, harnessing the weapon's recoil to rapidly fire
 the weapon.
           (5) "Crime of violence" means and includes any of the following crimes or an attempt to
 commit any of them: murder, manslaughter, rape, first- or second-degree sexual assault, first- or
 second-degree child molestation, kidnapping, first- and second-degree arson, mayhem, robbery,
 burglary, breaking and entering, any felony violation involving the illegal manufacture, sale, or
 delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a
 controlled substance classified in schedule I or schedule II of § 21-28-2.08, any violation of § 21-
 28-4.01.1 or § 21-28-4.01.2 or conspiracy to commit any violation of these statutes, assault with a
 dangerous weapon, assault or battery involving grave bodily injury, or assault with intent to commit
 any offense punishable as a felony; upon any conviction of an offense punishable as a felony
 offense under § 12-29-5.
         (6) "Firearm" includes any machine gun, pistol, rifle, air rifle, air pistol, "blank gun," "BB
 gun," or other instrument from which steel or metal projectiles are propelled, or that may readily
 be converted to expel a projectile, except crossbows, recurve, compound, or longbows, and except
 instruments propelling projectiles that are designed or normally used for a primary purpose other
 than as a weapon. The frame or receiver of the weapon shall be construed as a firearm under the
 provisions of this section.
         (7) "Fugitive from justice" means any person who has fled from any state, territory, the
 District of Columbia, or possession of the United States to avoid prosecution for a crime of violence
 or to avoid giving testimony in any criminal proceeding.
         (8) "Ghost gun" means a firearm, including a frame or receiver, that lacks a unique serial
 number engraved or cased in metal alloy on the frame or receiver by a licensed manufacturer,
 maker, or importer under federal law or markings in accordance with 27 C.F.R. § 479.102. It does
 not include a firearm that has been rendered permanently inoperable, or a firearm that is not
 required to have a serial number in accordance with the federal Gun Control Act of 1968.
         (9) "Licensing authorities" means the board of police commissioners of a city or town
 where the board has been instituted, the chief of police or superintendent of police of other cities
 and towns having a regular organized police force, and, in towns where there is no chief of police
 or superintendent of police, it means the town clerk who may issue licenses upon the
 recommendation of the town sergeant, and it also means any other person or body duly authorized
 by the city or town charter or by state law.
         (10) "Machine gun" means any weapon that shoots, is designed to shoot, or can be readily
 restored to shoot automatically more than one shot, without manual reloading, by a single function
 of the trigger. The term also includes the frame or receiver of the weapon, any combination of parts
 designed and intended for use in converting a weapon into a machine gun, and any combination of
 parts from which a machine gun can be assembled if the parts are in the possession or under the
 control of a person.
                                           LC004359 - Page 2 of 9
         (11) "Major component" means, with respect to a firearm:
         (i) The slide or cylinder or the frame or receiver of the firearm; and
         (ii) In the case of a rifle or shotgun, includes the barrel of the firearm.
         (12) "Person" includes an individual, partnership, firm, association, or corporation.
         (13) "Pistol" includes any pistol or revolver, and any shotgun, rifle, or similar weapon with
 overall length less than twenty-six inches (26"), but does not include any pistol or revolver designed
 for the use of blank cartridges only.
         (14) "Sawed-off rifle" means any rifle with overall length of less than twenty-six inches
 (26") or barrel length of less than sixteen inches (16").
         (15) "Sawed-off shotgun" means any shotgun with overall length of less than twenty-six
 inches (26") or barrel length of less than eighteen inches (18").
         (16) "Sell" includes let or hire, give, lend, and transfer, and "purchase" includes hire,
 accept, and borrow, and "purchasing" shall be construed accordingly.
         (17) "Stun gun" is a battery-powered handheld device that transmits an electric charge from
 the device to a person, while touching or applying the device to a person, and is activated by a
 trigger or button.
         (17)(18) "Trigger crank" means a trigger actuator that attaches to the trigger of a semi-
 automatic weapon and causes the weapon to fire by turning the crank handle.
         (18)(19) "Undetectable firearm" means any firearm that:
         (i) After removal of all parts, other than a major component, is not as detectable by walk-
 through metal detectors commonly used at airports or other public buildings; or
         (ii) Any major component of which, if subjected to inspection by the types of detection
 devices commonly used at airports or other public buildings for security screening, would not
 generate an image that accurately depicts the shape of the component; or
         (iii) Is manufactured wholly of plastic, fiberglass, or through a 3D printing process; or
         (iv) Upon which the frame or receiver lacks a unique serial number engraved or cased into
 on the frame or receiver by a licensed manufacturer, maker, or importer under federal law, or
 markings in accordance with 27 C.F.R. § 479.102. Provided, however, this subsection shall not
 apply to any firearm rendered permanently inoperable or a firearm manufactured prior to 1968.
         11-47-8. License or permit required for carrying pistol -- Other weapons prohibited
 License or permit required for carrying pistol or stun gun -- Possession of a machine gun.
         (a) No person shall, without a license or permit issued as provided in §§ 11-47-11, 11-47-
 12, and 11-47-18, carry a pistol or revolver in any vehicle or conveyance or on or about his or her
 person whether visible or concealed, except in his or her dwelling house or place of business or on
                                             LC004359 - Page 3 of 9
 land possessed by him or her or as provided in §§ 11-47-9 and 11-47-10. The provisions of these
 sections shall not apply to any person who is the holder of a valid license or permit issued by the
 licensing authority of another state, or territory of the United States, or political subdivision of the
 state or territory, allowing him or her to carry a pistol or revolver in any vehicle or conveyance or
 on or about his or her person whether visible or concealed, provided the person is merely
 transporting the firearm through the state in a vehicle or other conveyance without any intent on
 the part of the person to detain him or herself or remain within the state of Rhode Island. No person
 shall manufacture, sell, purchase, or possess a machine gun except as otherwise provided in this
 chapter. Every person violating the provision of this section shall, upon conviction, be punished by
 imprisonment for not less than one nor more than ten (10) years, or by a fine up to ten thousand
 dollars ($10,000), or both, and except for a first conviction under this section, shall not be afforded
 the provisions of suspension or deferment of sentence, nor a probation.
         (b) No person shall have in his or her possession or under his or her control any sawed-off
 shotgun or sawed-off rifle as defined in § 11-47-2. Any person convicted of violating this
 subsection shall be punished by imprisonment for up to ten (10) years, or by a fine of up to five
 thousand dollars ($5,000), or both.
         (c) No person shall have in his or her possession or under his or her control any firearm
 while the person delivers, possesses with intent to deliver, or manufactures a controlled substance.
 Any person convicted of violating this subsection shall be punished by imprisonment for not less
 than two (2) years nor more than twenty (20) years, and the sentence shall be consecutive to any
 sentence the person may receive for the delivery, possession with intent to deliver, or the
 manufacture of the controlled substance. It shall not be a defense to a violation of this subsection
 that a person has a license or permit to carry or possess a firearm.
         (d) It shall be unlawful for any person to possess a bump-fire device, binary trigger, trigger
 crank, or any other device that when attached to a semi-automatic weapon allows full-automatic
 fire. Individuals who possess these items shall have ninety (90) days from the enactment of this
 section to either sell, destroy, or otherwise remove these items from the state of Rhode Island. Every
 person violating the provisions of this section shall, upon conviction, be punished by imprisonment
 for not less than one nor more than ten (10) years, or by a fine up to ten thousand dollars ($10,000),
 or both, and, except for a first conviction under this section, shall not be afforded the provisions of
 suspension or deferment of sentence, nor a probation.
         (e) No person shall manufacture, sell, offer to sell, transfer, purchase, possess, or have
 under his or her control a ghost gun or an undetectable firearm or any firearm produced by a 3D
 printing process. Any person convicted of violating this subsection shall be punished by
                                            LC004359 - Page 4 of 9
 imprisonment of not more than ten (10) years, or by a fine up to ten thousand dollars ($10,000), or
 both and except for a first conviction under this section shall not be afforded the provisions of
 suspension or deferment of sentence, probation, nor fine. These provisions shall not apply to
 federally licensed manufacturers (FLN) pursuant to Alcohol, Tobacco, Firearms, and Explosives
 (ATF) regulations.
         11-47-42. Weapons other than firearms prohibited.
         (a)(1) No person shall carry or possess or attempt to use against another any instrument or
 weapon of the kind commonly known as a blackjack, slingshot, billy, sandclub, sandbag, metal
 knuckles, slap glove, bludgeon, stun-gun, or the so called "Kung-Fu" weapons.
         (2) No person shall with intent to use unlawfully against another, carry or possess a
 crossbow, dagger, dirk, stiletto, sword-in-cane, bowie knife, or other similar weapon designed to
 cut and stab another.
         (3) No person shall wear or carry concealed upon his person, any of the above-mentioned
 instruments or weapons, or any razor, or knife of any description having a blade of more than three
 (3) inches in length measuring from the end of the handle where the blade is attached to the end of
 the blade, or other weapon of like kind or description.
         Any person violating the provisions of these subsections shall be punished by a fine of not
 more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or both,
 and the weapon so found shall be confiscated.
         Any person violating the provisions of these subsections while he or she is incarcerated
 within the confines of the adult correctional institutions shall be punished by a fine of not less than
 one thousand dollars ($1,000) nor more than three thousand dollars ($3,000), or by imprisonment
 for not less than one year nor more than five (5) years, or both, and the weapon so found shall be
 confiscated.
         (b) No person shall sell to a person under eighteen (18) years of age, without the written
 authorization of the minor's parent or legal guardian, any stink bomb, blackjack, slingshot, bill,
 sandclub, sandbag, metal knuckles, slap glove, bludgeon, stungun, paint ball gun, so called "kung-
 fu" weapons, dagger, dirk, stiletto, sword-in-cane, bowie knife, razor, or knife of any description
 having a blade of more than three inches (3") in length as described in subsection (a) of this section,
 or any multi-pronged star with sharpened edges designed to be used as a weapon and commonly
 known as a Chinese throwing star, except that an individual who is actually engaged in the
 instruction of martial arts and licensed under § 5-43-1 may carry and possess any multi-pronged
 star with sharpened edges for the sole purpose of instructional use. Any person violating the
 provisions of this subsection shall be punished by a fine of not less than one thousand dollars
                                           LC004359 - Page 5 of 9
 ($1,000) nor more than three thousand dollars ($3,000), or by imprisonment for not less than one
 year nor more than five (5) years, or both, and the weapons so found shall be confiscated.
         SECTION 2. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended
 by adding thereto the following sections:
         11-47-8.2. Purchase, possession, sale or use of stun gun.
         (a) Any person eighteen (18) years of age or over may purchase or possess a stun gun.
         (b) No person shall sell or attempt to sell, transfer, deliver or furnish a stun gun to a person
 who is less than eighteen (18) years of age. Any person convicted of violating the provisions of this
 subsection shall be guilty of a felony and may be punished by imprisonment for not less than one
 year nor more than five (5) years.
         (c) No person shall use or attempt to use a stun gun in the commission of a crime. Any
 person convicted of violating the provisions of this subsection shall be guilty of a felony and may
 be punished by a fine of up to ten thousand dollars ($10,000), or by imprisonment for not more
 than ten (10) years, or both.
         (d) No person shall use or attempt to use a stun gun on a police officer who is engaged in
 the performance of his or her duty. Any person convicted of violating the provisions of this
 subsection shall be guilty of a felony and may be punished by a fine of up to ten thousand dollars
 ($10,000), or by imprisonment for not more than ten (10) years, or both. Any sentence imposed
 upon a person pursuant to this subsection shall be imposed consecutively to and not concurrently
 with any sentence imposed for the underlying crime or attempted crime, and the person shall not
 be afforded the benefits of suspension or deferment of sentence.
         11-47-8.3. Review and appeal of the decision of the licensing authority or attorney
 general.
         (a) A decision denying a permit pursuant to either §§ 11-47-11 or 11-47-18 shall be final
 unless further review or appeal is initiated in writing within fifteen (15) days after the decision has
 been mailed to the applicant at the address listed on the application.
         (b) An aggrieved individual may submit a written request to reconsider the denial to the
 licensing authority or the department of the attorney general. Said request shall be submitted within
 fifteen (15) days after the decision has been mailed to the address provided by the applicant.
         (1) The licensing authority or the department of the attorney general shall schedule and
 conduct an in-person meeting within fourteen (14) days of the request to review and discuss the
 decision. Said meeting shall only be scheduled or rescheduled beyond the initial fourteen (14) day
 period by agreement of the parties or for good cause, but in no event exceed sixty (60) days.
         (2) The applicant may submit any supplemental documentation relative to the application,
                                           LC004359 - Page 6 of 9
 which shall become part of the application.
         (3) The meeting shall be conducted as an informal meeting, not as an administrative
 hearing. The licensing authority or the department of the attorney general shall receive and consider
 documents and other evidence without regard to statutory and common law rules. A stenogr